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2010-135
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2010-135
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Last modified
2/16/2016 10:51:05 AM
Creation date
10/1/2015 2:15:18 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/01/2010
Control Number
2010-135
Agenda Item Number
8.L.
Entity Name
Florida Department of Transportation (FDOT)
Subject
Local Agency Agreement
Area
8th Street Sidewalk
Supplemental fields
SmeadsoftID
9699
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT <br /> 02/09 <br /> Page 7 <br /> ( c) , Florida Statutes) . <br /> 5 .06 Uniform Relocation Assistance and Real Property Statistical Report : For any project requiring additional right- <br /> of-way , the Agency must submit to the Department an annual report of its real property acquisition and <br /> relocation <br /> assistance activities on the project. Activities shall be reported on a federal fiscal year basis , from October <br />1 through <br /> September 30 . The report must be prepared using the format prescribed in 49 C . F . R . Part 24 , Appendix <br /> B , and be <br /> submitted to the Department no later than October 15 of each year. <br /> 6 . 00 Requisitions and Payments : Requests for reimbursement for fees or other compensation for services or expenses <br /> incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof ( Section 287 . 058 ( 1 ) ( a ) , Florida <br /> Statutes) . <br /> All recipients of funds from this Agreement , including those contracted by the Agency , must submit bills for any <br /> travel <br /> expenses , when authorized by the terms of this Agreement, in accordance with Section 112 . 061 , Florida Statutes , <br /> and <br /> Chapter 3-"Travel " of the Department' s Disbursement Operations Manual , Topic 350 -030-400 ( Section 287 . 058 ( 1 ) ( b ) <br />, <br /> Florida Statutes) . <br /> If, after project completion , any claim is made by the Department resulting from an audit or for work or services performed <br /> pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under <br /> any agreement which it has with the Agency owing such amount if, upon demand , payment of the amount is not made <br /> within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of <br /> contract by the Department. <br /> 7 . 00 Department Obligations : Subject to other provisions hereof, the Department will honor requests for reimbursement <br /> to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project <br /> and payment of the eligible costs . However, notwithstanding any other provision of this Agreement, the Department may <br /> elect by notice in writing not to make a payment if: <br /> 7 . 01 Misrepresentation : The Agency shall have made misrepresentation of a material nature in its application , or any <br /> supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant <br /> hereto ; <br /> 7 . 02 Litigation : There is then pending litigation with respect to the performance by the Agency of any of its <br /> duties or <br /> obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; <br /> 7 . 03 Approval by Department : The Agency shall have taken any action pertaining to the project which , under <br /> this <br /> Agreement , requires the approval of the Department or has made related expenditure or incurred related obligations <br /> without having been advised by the Department that same are approved ; <br /> 7 . 04 Conflict of Interests : There has been any violation of the conflict of interest provisions contained here in paragraph <br /> 12 . 06 or 12 . 07 . <br /> 7 . 05 Default : The Agency has been determined by the Department to be in default under any of the provisions of <br /> the <br /> Agreement . <br /> 7 .06 Federal Participation : The Department may suspend or terminate payment for that portion of the project which the <br /> FHWA, or the Department acting in lieu of FHWA , may designate as ineligible for federal -aid . <br /> 7 . 07 Disallowed Costs : In determining the amount of the payment, the Department will exclude all projects <br /> costs <br /> incurred by the Agency prior to the effective date of this Agreement or the date of authorization , costs incurred after <br /> the <br /> expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit " B " <br /> for <br /> the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting <br /> the project <br /> commencement and final invoice time lines , and costs attributable to goods or services received under a contract or other <br /> arrangements which have not been approved in writing by the Department. <br /> 7 . 08 Final Invoices : The Agency must submit the final invoice on the project to the Department within 120 days after <br />the <br /> completion of the project. Invoices submitted after the 120 -day time period may not be paid . <br />
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